Why no SIT to probe black money?

The Government of India has shown complete disdain for constitutional propriety or national interest.
There has been an increasing demand for court monitored investigations and Special Investigation Teams (SITs). There are many reasons for this. First, a breakdown of public confidence in the normal investigation agencies that come under the criminal justice systems of India. Second, demand before the courts through Public Interest Litigation that proper investigation cannot be expected from the investigation agencies, because of the politico-legal nature of some cases, particularly if they are against the Executive, who also happens to be the controlling authority of the investigation agencies. Of late, there has been vociferous demand for court monitored investigations even from the world of sports and finance, such as the IPL and the NSEL. But most prominent are those that directly or indirectly involve the highest or the most influential authorities of the land. The Supreme Court has clearly stated: "More and more demands are now coming before the Courts for its monitoring of investigation relating to crimes committed by influential persons and persons who have political influence, with the apprehension that they could derail the investigation. Courts in public interest sometimes have to take such a course in the larger public interest." (Writ Petition (C) NO.548 OF 2012). The Code of Criminal Procedure defines the word "investigation" to include all the proceedings under the Code for the collection of evidence conducted by a police officer or by any person (other than a magistrate) who is authorised by a magistrate in this behalf. Section 173(2) of Cr PC authorises the police officer to send a report to the magistrate after completing the investigation. Section 36 of the Code empowers police officers superior in rank to a Station House Officer to exercise the same powers. Thus in the process codified under the CrPC, which is the Bible of the investigating officer, it is only a police officer in charge of the police station or any officer superior in rank to that of the SHO, who can do an investigation and file a report to the jurisdictional court. In the normal course, a superior police officer can monitor the investigation done by a junior police officer. A recent judgement of the Supreme Court is an eye opener. The CBI does not consist of angels. They can show a degree of criminality which has never been detected before in lesser agencies. The Bar, the Bench and other experts must meet and devise methods of making monitoring flawless and consistent with existing laws. In the case of Union of India vs Sushil Kumar Modi 1998 (2) BOM C.R.C. 120 ATP 9122(S.C): 1998(4) S.L.T. 367: 1998(1) SCALE 251, it was held that "monitoring by the High Court of any case is for the purpose of ensuring that the CBI and other agencies properly investigate the alleged offences and file a charge sheet if a prima facie case is made out ... that there would be no interference in the investigative work being performed by the officers which might hinder the course of the investigations." The monitoring of the investigation by the Supreme Court and the High Courts has raised certain fundamental questions in the minds of the public regarding what exactly this implies procedurally, especially in the absence of any clear-cut and unambiguous guidelines by the Apex Court regarding the exact procedure to be followed for this purpose. In fact in the judgement of the case referred to above, the Attorney General had expressed that certain observations in the impugned order of the High Court might be construed as enabling the High Court to monitor/control even disciplinary proceeding against an officer of the CBI if he happens to be in the team investigating any of the alleged offences. For understanding the issue with greater clarity, it would be important to ask what exactly the responsibilities of the Supreme Court or High Court are when it is monitoring an investigation. From all accounts, after such an order is made, the investigation agency, be it the CBI or the Special Investigation Team constituted by the Court, conducts the investigation and periodically submits its status report regarding the progress of the case, as and when the matter stands posted, until the charge sheet is filed before the jurisdictional court. Apart from receiving periodic status reports from the Special Investigating Team, it is understood that the Apex Court/High Courts would also scrutinise them to satisfy themselves that the investigation has been done as per prescribed procedure and without fear, favour, pressure or intimidation. For, only after scrutiny of the investigation reports, can they satisfy themselves that the investigation was free and fair. In such a situation, where does this place the trial court judge in the jurisdictional court, who actually has to pass judgement in the case after the charge sheet is filed? Does he have any discretion, and what would be the judicial propriety, should he during the trial believe there is reason to be dissatisfied with the investigation or charge sheet? Coming back to the point regarding the monitoring procedure applied to the periodic status reports on investigation, it has been reported recently that in the coal block allocation case, the bench has expressed to the CBI that it is facing great difficulty in "going through the voluminous reports submitted in the case", and have suggested the appointment of an amicus curiae. The CBI opposing this, claiming that it would interfere with its working, has questioned the proposed amicus curiae's impartiality, especially after the Apex Court has restrained everyone including the Attorney General from having a look at the status report. There are some facets of monitoring that raise very serious questions and concerns. In the present state of public and even the court's lack of confidence in the integrity of the Indian investigating agencies, court monitoring has to continue. A recent judgement of the Supreme Court is an eye opener. The CBI does not consist of angels. They can show a degree of criminality which has never been detected before in lesser agencies. The Bar, the Bench and other experts must meet and devise methods of making monitoring flawless and consistent with existing laws. The most important case in which the Hon'ble Supreme Court of India appointed a Special Investigation Team is the one decided on 4 July 2011 by Hon'ble Mr Justice Sudershan Reddy and Justice S.S. Nijjhar in the petition filed by me and other public spirited citizens. It is reported as Ram Jethmalani and Ors. versus Union of India and Ors.(2011) 8 SCC1. Being of the opinion that our country has been impoverished mainly by some indigenous dacoits who have stolen national wealth and concealed it in foreign banks which in the name of customer confidentiality protects the identity of the culprits from the owners of the wealth. It is estimated to be of the approximate range of US$1,500 billion, roughly equivalent of Rs 90 lakh crore. The governments of France and Germany were able to obtain the names and supplied them to all friendly nations without cost or condition. We too received some names, but obviously because they control our rulers or themselves rule us, they have not been disclosed to this unfortunate nation. After prolonged hearing of about two years, this is what the Supreme Court held: "It is necessary to express the Supreme Court's serious reservations about the response of the Union of India. During the earlier phases of hearing, the attempts were clearly evasive, confused, or originating in the denial mode. It was only upon being repeatedly pressed by the Supreme Court, did the Union of India begin to admit that indeed the investigation was proceeding very slowly. In fact the investigation had completely stalled, in as much as custodial interrogation of H had not even been sought for, even though he was very much resident in India... The lack of seriousness in the efforts of the State authorities is contrary to the requirements of laws and constitutional obligations of the Union of India. It was only upon the insistence and intervention of the Supreme Court of India that the Enforcement Directorate initiated and secured custodial interrogation over Hasan Ali..." The Supreme Court ordered the appointment of a Special Investigation Team to be monitored by the Supreme Court, casting responsibility on the Ministry of Finance, Union of India, for ensuring proper and effective functioning of the SIT at once. The following observations of the Supreme Court must also be informed to the people of India: "It is indeed true that the information shared by Germany, with regard to certain bank accounts in Liechtenstein, also contains names of individuals who appear to be Indians. The Petitioners have also claimed that names of all the individuals have been made public by certain segments of the media. However, while some of the accounts, and the individuals holding those accounts, are claimed to have been investigated, others have not been. The balancing leads only to one conclusion: strengthening of the machinery of investigations, and vigil by broader citizenry in ensuring that the agents of State do not weaken such machinery." This judgement should be read by every citizen, and should be translated into local languages for the non English speaking people. The stinking cesspool that Indian democracy has been turned into, must be cleansed. But till date, the Government of India has shown complete disdain for constitutional propriety or national interest. It has neither appointed an investigating team, nor disclosed names to the petitioner, nor recovered a single farthing out of the enormous wealth stolen from India.
aRTICLE CREDITSArticle Credits,RAM JETHMALANI,The Sunday Gaurdian

Muslims warm up to BJP in Rajasthan

Muslims with a Quranic verse on the windscreen of their vehicle campaign for the BJP.
Muslims in Rajasthan are drifting away from the ruling Congress party, with some of them shifting toward the Bharatiya Janata Party. This has emboldened the BJP to put up four Muslim candidates in the state and organise Narendra Modi rallies in Sawai Madhopur and Sikar, two constituencies with a substantial Muslim population. It was a rare Modi appearance in Muslim majority areas outside Gujarat. A large section of Muslims is also shifting toward the Jamaat-e-Islami-backed Welfare Party of India and other such outfits. According to political observers, all four BJP Muslim candidates are strong in their constituencies. Former MLA Habibur Rehman is contesting from Nagaur city. Former Rajasthan Sports Minister Yunus Khan, who lost the 2008 elections, has been given another chance from Deedwana constituency in Nagaur district. Abdul Sangeer Khan is contesting from Dholpur, while Salim Tanwar, a new face, is contesting the elections from Mandawa. Muslims constitute around 14% of Rajasthan voters and influence results in 40-45 Assembly segments of a total 200. Muslims have been traditionally voting for the Congress in the state. But numerous incidents of communal violence, particularly the Gopalgarh riots, during Ashok Gehlot's five-year rule, have angered the community. The Congress has given tickets to 18 Muslims, but it has to contend with the Jamaat's call to punish all "communal elements" in the ruling party. Engineer Khursheed Husain, the chief of Jamaat's Rajasthan unit, said that Muslims are upset with the Congress because of its inability to act against the perpetrators of communal riots. "We have fielded our candidates in areas where Congress MLAs are said to be communal — Hawa Mahal in Jaipur, Sawai Madhopur and Jhunjhunu. In other areas, we have instructed our workers to organise support for secular candidates," said Husain. Jamaat is the most organised Muslim organisation in the state and hence wields considerable influence on Muslim opinion during election time. Journalists covering the Rajasthan elections say that Muslims are determined to punish the Congress and are warming up toward the BJP. Neetu Soni, a local journalist, who was present at the Modi rallies in Sawai Madhopur and Sikar, said that she saw a sizeable number of Muslims listening to the Gujarat Chief Minister. "No anti-Modi processions were organised in these areas as had happened in the 2008 elections when Modi was supposed to come here," said Soni. Yunus Khan She said that Muslims see as a positive BJP's agenda of protecting wakf land, fencing all graveyards, modernising madrasas and giving scholarships to community students. "Even the Gehlot government had promised some of these things, but failed to deliver," said Soni. Of his community's seeming shift toward the BJP, Amin Pathan, BJP's minority morcha chief, said that his party works for all communities, including Muslims. "Unlike Congress, we don't believe in community or caste specific politics. There are 36 major communities in Rajasthan. Muslims are one of them. BJP sees all of them as equal," said Amin. Even the custodians of the famous Ajmer Dargah, where many Rajasthan politicians, belonging to all political parties including the Congress and the BJP are turning to seek Khwaja Moinuddin Chisty's blessings, do not see any problems in the BJP coming to power. "Both Gehlot and Vasundhara Raje did good work during their tenures as Chief Minister. Both are good for Rajasthan," said Syed Zainul Abedin, the sajjadanashin (caretaker) of the shrine.
Article Credits,The Sunday Gaurdian,30th November 2013

Utter Pradesh is a failed state: courtesy Akhilesh

Akhilesh’s poor handling of the communal riots proves his incompetence as Uttar Pradesh Chief Minister.
The state of Uttar Pradesh, India's most populous state, sending 80 members to the Lok Sabha, is the kingmaker for any government formation in Delhi. In addition to being notorious for crime, casteism and corruption of the worst kind, it has also become the most communally violent state in India. According to official information released by the Ministry of Home Affairs, over 100 communal clashes occurred during the year 2012 in UP. Communal clashes have become a regular, almost monthly affair, ever since the Samajwadi Party came to power in 2012, cumulatively costing several hundred lives. Here is the snapshot: June 2012 Mathura and Muzaffarnagar; July 2012: Bareilly; September 2012 Ghaziabad; October 2012 Faizabad; December 2012 Azamgarh; January 2013 Lucknow; April, July 2013 Meerut; August 2013 Muzaffarnagar; September 2013: Shamli and Muzaffarnagar, which is still simmering. The MHA statistics confirm the fact that communal riots in Uttar Pradesh are deadlier, and with higher fatality rate than the rest of the country. UP has become a land where politicians base their legitimacy and power on the loyalty principle of respective castes and religions, through which they control large sections of their followers. They are like tribal warlords whose word is law, even though officially there is supposed to be the rule of law in operation, based on the Anglo Saxon pattern. They appropriate the wealth of the State, the taxpayer's money, funds meant for peoples' welfare, and then abandon them to illiteracy, disease and abject poverty to be inherited in perpetuity. The UP warlords are not unduly perturbed about their people's deprivation. How else will they be able to control their votes, election after election? But this primitive exercise of power has made them forget that caste and religion obtain loyalty only up to a point. Beyond that, the people want their basic expectations from government met, which they see happening in other states, but are denied to them, simply because the money meant for them never reaches them. Remember the recent NRHM scam, where thousands of crores meant for providing better health facilities to the people of UP were siphoned off by a criminal partnership of politicians and government functionaries. While other states have been able to give their people more modern and upgraded primary health centres, better maternal care, UP can only boast of one more CBI inquiry, and about half a dozen murders of Chief Medical Officers in broad daylight. Apart from complete ignorance of how to govern and having no such intention anyway, a government composed of power-brokers and criminals is bound to get alienated from whichever caste or religion they claim as captive vote banks. It has happened in Bihar, and presently, a great political churning and disaffection is visible in UP, in the aftermath of the Ahkilesh Yadav government's complete failure to handle communal violence, especially the recent clashes that emanated from Muzaffarnagar. We are still not sure of how the communal clashes started. Some reports suggest it was eve teasing, and others that it was a traffic accident. Whatever it was, there are adequate laws regarding both issues, which had they been enforced instantly by the local police and magistracy, could have contained the tragic mayhem that followed. Obviously the local officials have lost their will and capacity to enforce laws, groomed as they would be in decades of lawlessness during when all statutory authority, including that flowing from the Indian Penal Code and Criminal Procedure Code, regarding registration of FIRs, has been expropriated and is being exercised benaami by the political representatives. The sting operation conducted by a news channel regarding the cops and Azam Khan gives a clear indication of this. And what has become a reality in our democracy, which the sooner we accept the better, is that cutting edge police appointments at SHO levels are done purely on caste grounds, so that law enforcement can also follow a caste agenda. This is what political scientists refer to as the collapse of the state, or a failed state. Communal tensions continue in Muzzafarnagar, even after two months of the initial outbreak. On 30 October again three people are reported to have lost their lives, something completely unacceptable and unpardonable. It only confirms a complete breakdown of the state and administrative authority, of the capability of the police and magistracy from tehsil to district levels, to enforce law and order, and the complete failure of oversight and control by the state government and Chief Minister. No one still knows the number of lives lost; they could well be in hundreds. But what is reported universally is that at least 40,000 people are still living in makeshift relief camps, even though almost two months have elapsed since the riots started. UP has created a shocking humanitarian crisis for itself, and a new category of communal riot victims, equivalent of "internal refugees". We are not aware of what confidence building measures the state machinery has undertaken to persuade them to return to their homes, though almost two months have elapsed after the riots first started. Is any further evidence required to establish the state's callousness and complicity towards its own people whom they have converted into refugees in their own state? Clearly, another confirmation that the state of Uttar Pradesh has completely broken down, both in intent and action. It was looking away in utter inaction when Muzaffarnagar was burning, and now it is doing the same to the humanitarian crisis of such a huge magnitude within its own borders. The fact that communal disturbances have become a political industry by itself in UP only compound the government's political crimes against the people. What is surprising is the relative silence of the human rights NGOs and activists, wherever they are funded from, who normally react very swiftly and vociferously to assist the victims of communal clashes, or provide them legal support to secure their legitimate rights, who should have called for accountability from the Akhilesh government as to why his government remained inactive allowing the situation to assume such dangerous and inhuman levels.
Except for one Public Interest Litigation filed by Nutan Thakur before the Allahabad High Court, I am not aware of any humanitarian NGOs taking up the cause of the Muzaffarnagar riot victims. We have several organisations with a successful track record of taking up such unfortunate causes, and they normally make their presence felt very briskly and efficiently. Their absence in UP does seem a little mystifying. Also, to the best of my knowledge, I am not aware of any human rights groups approaching the NHRC seeking relief or asking for accountability from the government, or fixing responsibility as to why the situation remained uncontrolled for weeks together, and continues to simmer even today. Neither am I aware of any suo motu action taken by the NHRC, which it can well take, to direct the government to take urgent action to end the suffering of the people trapped in this humanitarian crisis, or approach the Supreme Court to take appropriate action such as the constitution of a Special Investigation Team, as to why the communal riots were allowed to persist unchecked for almost two weeks, and why communal tension remains unabated even today, that the victims from relief camps do not even wish to return to their own homes. We have still not heard from the United States Commission on International Religious Freedom about their views on the communal clashes in UP. The United States appears to be a favourite travel destination of Chief Minister Akhilesh Yadav, and obviously, his US visa is intact, though it remains to be seen whether it will continue to be so. So too the British and European Union representatives have not yet reacted to the gross violation of human rights going on in UP, the CM's callous inaction, the state on a dangerous auto pilot, and atrocities piling up against the people. It remains to be seen whether they will boycott him, in their universal commitment to protect human rights and religious freedom.
Article credits ,Shri.RAM JETHMALANI,ETHICS & POWER,The Sunday Gaurdian

Who is afraid of Narendra Modi?

The government has good reasons to be wary of the BJP PM candidate as he emerges as the leader India needs.
He frightens them because he is everything that the present day politician of India is not — a man of strength and steel, with no skeletons in the cupboard that can break his strength or buy him up, and no greed for personal financial aggrandizement.
Before I proceed with my weekly piece, let me wish my readers a very Happy Diwali. May this Diwali truly usher in the victory of good over evil and bring peace and prosperity to our people and our country.
Now, to my piece. Narendra Modi has created the political upheaval that I expected he would. The Congress party appears to be in a huddle, with no clue as to how to deal with this new political phenomenon. Even our Prime Minister, best known for moderate and terse statements, whenever he is not silent, used a rather extreme word, "onslaught" to describe Modi's entry into the national political stage, a word normally associated with combat.
How comfortable and cosy previous national elections were. Election behaviour of political parties was predictable; everyone knew everyone else's secrets; everyone understood each other's mediocrities, and empathised with one another's personal ambitions. They sportingly accepted mutual election unpleasantness and acrimony, with a remarkable understanding and bonhomie. After all, verbal acrimony during elections happens all over the world and is a sign of a mature democracy. And by no means did it disturb the political comfort levels of leading political figures. The dynasty was given due respect, even when criticised, and conversely, it had its own favourites in the Opposition for its own reasons, whom it never criticised. Election manifestoes contained a host of promises, several of them unfulfilled promises of yesteryears. But all political parties would rest assured thereafter, knowing full well that once the election was over, they would never be held accountable about them either by the people of India or their own party brass. The lucky winners could then start the serious and exciting business of plundering India, alongside forming appropriately understanding alliances with the Opposition. What is it about Narendra Modi that seems to frighten the comfortable ruling establishments, present or prospective, out of their wits? As I have stated earlier, he frightens them because he is everything that the present day politician of India is not — a man of strength and steel, with no skeletons in the cupboard that can break his strength or buy him up, and no greed for personal financial aggrandizement. This is what the present political system of India cannot stomach. How dare he not be like one of us, is what is written beneath their anti-Modi script. Next, he frightens them, because his record of governance suggests that he is a patriot who places our country before anything else. The Congress governance model is based on electoral vote bank politics, even at the cost of breaking the country asunder. Neutralisation of vote banks spells doom for the Congress, and rumblings from the minority communities are already being heard. He frightens them because he is a quick decision maker, something anathema to a regime that believes in plundering the country through multiple pathways, with the chief political executive looking the other way, dithering or passing the buck. The UPA dispensation has made decision making by the Prime Minister unnecessary, undesirable and extinct. It has become a regime of GOMs and PMO (as differentiated from the Prime Minister) and NAC. And unless the Prime Minister has a personal interest in an issue, such as coal block allocation, the PMO has innovated a theory of "distancing itself" from the murky goings on in government, a new coinage, whatever it means, in the Arthashastra of South Block. The Modi critics believe that this implies true team spirit in running a government that Modi lacks, and that unlike Modi, the Prime Minister exemplifies a true team leader, because he is always outsourcing decision making (his first and legitimate function), to his GOMs or to the Core Committee or NAC. According to them, there is no way that Modi being a quick decision maker can qualify to be a good team leader, because neither does he believe in disseminating his accountability or responsibility to extra constitutional authorities like GOMs, and nor does he require their safety of numbers. Quick decision making and taking responsibility for it scares South Block and frightens it like Banquo's ghost. It must be exterminated before it strikes, for the sake of saving team leadership and secular unity, which in reality means the best financial interest of the ruling establishment. So start labelling decisiveness as divisiveness or communalism or lack of team leadership without explaining any of them, and keep repeating them until they stick. What has started terrifying the ruling establishment even more is the magnetic power Narendra Modi holds over the crowds, and the ease with which he establishes a rapport with them. Psychologists call this quality "charisma", a gift which one either has or doesn't have; a As Modi's oratory and charisma become more and more visible to the nation and his rallies keep increasing in size all over the country, opinion across the country (including within the Congress establishment) is that as a political leader, he stands unmatched and unstoppable. The Congress party, during the last decade, had a single point objective on which it concentrated, using all the might of the state machinery it controlled. And that was to somehow get Modi personally indicted in a court of law for the 2002 riots that would finish his political career. For it was in Modi, more than anyone else in the political arena, that they saw the real threat to its power. Modi is neither intimidated nor pays obeisance to them, regardless of the historical halo they claim. However, they were neither able to politically assassinate him nor banish him into disgrace. The Congress is in crisis — frustrated and frightened. They must helplessly countenance day after day Narendra Modi's steady and hard earned success finally reaching the national political stage, and being declared the BJP Prime Ministerial candidate of India. How will the party vice president compete with the charisma, the oratory, the experience and insights that can only be acquired by being a three-time Chief Minister? The country is aghast at the party vice president's attitude and oratory, starting with the gate-crashing at Ajay Maken's press conference. He then indulged in a speech evoking death images of his father and grandmother. This infuriated the Sikhs and Tamils. In his next speech, he dwelt upon the Muzzafarnagar riots, as usual wrongly blaming the BJP, the real reason being the Jat-Muslim dynamics as manipulated by the ruling Samajwadi Party; and made the startling disclosure regarding the IB informing him of ISI agents recruiting Muzzafarnagar Muslim victims. This time the Muslim community was infuriated and the Home Ministry rubbished the statement. The serial bomb blasts at Gandhi Maidan Patna were shocking. But what came through to the people of India, and what I regret has not been noticed or lauded by the media or political commentators, was Modi's composure and demeanour while he was speaking, even as low intensity bombs were going off, and danger and death confronted him in the face. The country requires no further demonstration of his courage in the face of mortal danger, his presence of mind, his leadership qualities, and forbearance. Article credits -Ram Jethmalani is a senior politician and eminent lawyer.
The Sunday Gaurdian,Nov 2, 2013

Modi was never communal in his conduct: K.P.S.Gill

In a biography released this week, former IPS officer K.P.S. Gill talks about Gujarat Chief Minister Narendra Modi’s handling of the 2002 riots.
riots were at a peak in Gujarat; police was not able to control (the situation) and there were reports in the media that "The CM was ineffective for the challenge, or he simply lacked the will to stop this violence, or to say worse, he is himself, along with other BJP and VHP leaders, organising all these riots." Seeing the sensitive situation and the negative publicity it was generating for the BJP, L.K. Advani, the then Deputy Prime Minister and the Union Home Minister, was busy finding ways to end that mayhem. The situation was confusing since it was not becoming clear what the root cause of the problem was. Was it Modi himself or the ineffective administration of Gujarat! Anyway, the first priority of Advani was to end this violence at any cost... It struck Mr Advani that there was a man who was no more in active service but who was never away from the service of the nation who could be trusted to bring peace in Gujarat at that time. That was KPS Gill. So the only solution which seemed plausible to the Union Government was the appointment of former DGP Punjab KPS Gill as incharge of Police in Gujarat. But Gill was retired. Advani then came to the conclusion that Gill should be requested to become Security Advisor to Gujarat Chief Minister Narendra Modi... Dr Chandan Mitra met Mr Gill and broached the subject. On understanding the proposal, Mr Gill expressed his willingness to undertake the assignment but had one reservation. He said, "Chandan, you know I cannot be an armchair theorist, what will I do, if I am not given any freedom to control the affairs? What if my advice is not implemented? As a result Muslims will continue to get killed and then, I will also be held responsible for the killing of innocent people despite not having any power to stop it?" Mr Modi through Dr Mitra assured Mr Gill that he would not interfere in his work and would provide him all possible support to end the riots. When news spread that Gill would be joining as Advisor to CM Gujarat, his former boss and former Punjab Police chief, J.F. Ribeiro, in his praise, said, "Gill can solve the Gujarat problem in a week but he will have to arrest VHP members and Muslim criminals. If Modi allows that, he will be signing his own death warrant." In the first one to one meeting between Mr Gill and Mr Modi, what Mr Modi told Mr Gill, expressed the sincerity which he had towards the whole episode which was going on in Gujarat at that time. Mr Modi said, "Gill Sahib, we have been talking to each other through Mr Mitra or Mr Advani but I want to request you now in person that I am not finding any solution to this violence, I am not getting a fit police response which could end the riots, I sought more force from the neighbouring States which happen to be Congress-ruled States, but they refused. Media, opposition parties and activists have launched a false anti-Modi campaign that I am behind all these riots, which is not true. My first principle as a devout Hindu and as a politician is 'Sarve Janah Sukhino Bhavanthu (May all the people in the world be happy and peaceful).' I believe in this prayer and I start my day as a politician with it. I have lot of faith in you, the country is indebted to you for saving Punjab from going out of the Union. Without cops like you there can be no democracies, there can be no political leaders and there can be no kings. I will personally be thankful to you for my life if you can help ending this mayhem at the earliest. The onus now is on you to fail me or make me successful as a democratic leader."
Mr Gill says, "After meeting Mr Modi, I was moved by his sincerity. I found him to be fair and sincere in terms of his intention to end the riots. He seemed worried and sad because his police had failed him in ending this violence; he wanted me to take whatever steps I deemed fit to end this violence and assured me whole-hearted support."
To make a proper assessment of the situation, Mr Gill started touring all those places which had witnessed communal riots. He listened in detail to the victims of violence, the constables, the officers and the locals to assess where the problem or the weakness lay. After a detailed assessment of the challenge which lasted for one week, Gill says, "I found the police force unequal to the challenge; majority of the policemen themselves had become communal in their duty as they were enraged with the killings of so many kar sewaks (fellow Hindus) at the hands of Muslims in Godhra. Similar was the condition of the civil administration. Since Mr Modi had become the CM only a few months back, the administration and the police force were not in his proper grip and it takes time to develop such a grip when you are at such a top position. I found that in the previous two months Mr Modi had made all efforts to stop riots, he had called in the army with swiftness, he sought forces from the neighbouring States and the Centre. Narendra Modi with Atal Bihari Vajpayee in the early 2000s. "I realised that people of all political parties who were anti-Modi and anti-BJP were taking advantage of this mayhem and making all efforts to defame Modi one way or the other. "The so called dharam-nirpeksh (secular) parties were taking advantage of the fact that Mr Modi follows the principles of Hindutva. They were portraying Hindutva as something anti non-Hindu religions. My understanding was that Mr Modi's practising of principles of Hindutva in no way meant that he would allow killing people of other religions. "An American journalist asked me, What do you mean by Mr Modi's Hindutva?' "I said, 'In Christianity you have a Christian way of life, where some standard norms have been laid out for Christians; similarly in Hinduism there is a Hindu way of life where norms have been laid out for Hindus; but neither the former nor the latter means anything against any religion.' "Today Gujarat is one of the best administered States not only for Hindus but for all religions and all castes. The credit for this goes to only and only Mr Modi." Mr Gill's assessment was that the problem which needed an immediate solution was to cut this communal bug from the minds of the policemen and those who could not be freed of this bug should not be allowed to sit in sensitive posts... The first step Gill took within three days of joining there was transferring all those officers who failed to prevent the riots in their areas. Mr Gill interacted with all those officers and based on his assessment of their competency and intentions he got them transferred from sensitive posts. Those officers expected to be fair in their working were given sensitive posts. Mr Gill says, "Mr Modi provided me full freedom to transfer those officers whom I considered ineffective in terms of preventing violence as per their record of the past few days. The kind of free hand Mr Modi gave me to apply my strategies was given to me in Punjab by Sh. Beant Singh and through the pages of this book I want to make it clear to one and all that Modi was never communal in his conduct during this whole mayhem. He only conducted himself as an able administrator, whether it was during my tenure as Security Advisor or before it... "My observation is that when things like riots, terrorism, natural calamities, etc. happen then sometimes the administration or the Government gets stupefied by it. In those circumstances the administration is not able to find an appropriate solution to the problem which leads to inordinate delays. "This delay is sometimes used by the opposition parties to tarnish the image of the Government. Media also plays a negative role by being judgemental and describing those false statements by the opposition leaders or other people who are anti-Government, as facts. The allegations may be proved false later on but this false propaganda created through media initially, goes a long way in developing wrong perceptions about that Government or the leader and this happened with Mr Modi in 2002. Moreover, the stupefaction was compounded by the fact that Mr Modi was new to Chief Ministership. "What I feel is, the media should not only behave as a critic of the Government all the times, they ought to sometimes understand the crisis situation for the Government and act as a supporting arm to it, which unfortunately media failed to do in 2002 vis-à-vis the Gujarat riots. From my first-hand experience of the Gujarat situation I can say with conviction that the Gujarat riots were not the failure of Mr Narendra Modi; instead it was the failure of the Gujarat Police as well as the intentions of the Chief Ministers of the neighbouring States which had then denied forces to Gujarat when the riots started." Extracted from KPS Gill: The Paramount Cop by Rahul Chandan, Maple Press, 244 pages, Rs 295, paperback.Extracts: 2nd Nov 2013 Sunday Gaurdian

Old Delhi’s UPA Muslim MLAs spent least on development

Rs 437.74 cr remains unspent from Yousuf's fund. Iqbal is yet to spend Rs 444.88 cr from his fund
RTI reply shows that Haroon Yousuf and Shoaib Iqbal are the most frugal of Delhi MLAs when it comes to developing their constituencies.
Muslim MLAs from the walled city, Haroon Yousuf, also a minister in the Sheila Dikshit Cabinet, and Shoaib Iqbal have spent the least from their area development funds in their under-developed constituencies. Yousuf and Iqbal represent Ballimaran and Matia Mahal seats. An RTI reply lists the expenditures incurred by all of Delhi's 70 MLAs, showing that except Yousuf and Iqbal, all the others spent most of their fund allocations by the end of September. An MLA is given Rs 4 cr per year to spend for his constituency's development. Rs 1 cr of this amount is mandatorily spent on Delhi Jal Board projects. Interestingly, both Yousuf and Shoaib have been the least spenders for the past three years. Despite strong protests by Old Delhi locals, they haven't planned any fresh development projects in their areas. Rs 437.74 cr remains unspent from Yousuf's fund. Iqbal is yet to spend Rs 444.88 cr from his fund. When asked why they have been so frugal, both Yousuf and Iqbal said that they were holding back to their money to spend it in the next session. But they didn't respond to the question what if they din't win the election this time and the money was returned to the state treasury. Meanwhile, residents in Ballimaran and Matia Mahal say that since both these candidates are unchallenged and will win for certain, they are either ignoring or delaying the development work in their areas. "Iqbal has unparalleled clout in the area. He does not have a competitor. He will continue to represent the area in the next Assembly session also. This confidence has turned him complacent about development. He is more concerned with popular causes like mosque construction and other sentimental Muslim issues. It reaps him political dividends. Plus, he also does some genuine charity works by helping the poor of the area," said Gulfam Qureshi, a small time political leader in Jama Masjid area. "Locals are angry with Yousuf as there is hardly any visible development in the area except a few renovated streets and improved sewer lines. But they don't see any suitable challenger to him," said Sheeba Aslam Fehmi, a Ballimaran-based Urdu journalist.
News Credits Sunday Gaurdian

Bihar, Jharkhand are safe zones for terror

The Nitish Kumar government sat on the proposal to create ATS for four years. In Jharkhand, the proposal to set up ATS has been pending for three years.
he casual attitude of the state governments of Bihar and Jharkhand in tackling terror related activities, despite available proof, has made the two states "safe zones" for terror outfits. The Nitish Kumar government in Bihar sat on the home department's proposal to set up an Anti-Terrorism Squad for four years. It swung into action only after the Bodhgaya blasts on 7 July 2013. The state Cabinet cleared the proposal two days after the blasts. The Bihar Public Service Commission and the Staff Selection Commission have been asked to follow up on the decision. The situation is similar in Jharkhand. In the last few years, Darbhanga, Madhubani and Samastipur in Bihar have provided safe hideouts to terrorists. Darbhanga's proximity to the porous India-Nepal border offers the perfect escape route to them. However, Bihar Chief Minister Nitish Kumar is opposed to the use of the phrase "Darbhanga module" and said as much at a meeting of Chief Ministers last year. Many terrorists have been arrested from this region. In 2011, the Delhi police arrested suspected Indian Mujahideen operatives from Madhubani for their alleged role in planning and executing the Pune's German Bakery blast of February 2010, the Bangalore Chinnaswamy Stadium blast of April 2010 and for a Jama Masjid shootout in September 2010. The Maharashtra ATS arrested Naqi Ahmed Wasi Ahmed Sheikh and Nadeem Akhtar Ashfaq Sheikh in the July 13 2011 Mumbai blasts case, from Darbhanga. Tehseen Akhtar, now arrested in connection with the Patna blasts, has been wanted by the National Investigating Agency (NIA) for a long time. The agency had raided places like Samastipur, Darbhanga, Munger and Madhubani while searching for him. The NIA also arrested Yasin Bhatkal from the Nepal-Bihar border on 29 August 2013. Terming the Bihar government's approach as "callous", BJP Rajya Sabha member C.P. Thakur said besides setting up an ATS, the Bihar government should take intelligence inputs seriously to prevent incidents like the Patna serial blasts in future. "The government needs to fix the porous Nepal-Bihar border. Also the issue needs to be seen in its social context. The government needs to find out why Bihari youths are being picked up by terror outfits," he said. Jharkhand, from where the alleged IM terrorists have been arrested in connection with the Patna serial blasts, is not far behind. The Jharkhand police sent a proposal three years ago to the state home department to set up an ATS, but the proposal has got entangled in bureaucratic wrangling. No one knows the status of the proposal. As per the proposal, the ATS was supposed to have a strength of 500 personnel and is to be headed by a DIG rank officer. As many as 10 terrorists, having links with the IM, the Lashkar-e-Taiba and the Students Islamic Movement of India (SIMI) have been arrested from the state in the last 13 years. In 2002, two Pakistani terrorists, Zahid and Salim, involved in the terror attack on Kolkata's American Centre, were gunned down in Hazaribagh. The Madhya Pradesh police arrested Abu Faizal, a suspected SIMI member, from Jamshedpur. In the recent past, Danish Riyaz and Manzar Imam, associated with SIMI, were arrested from Ranchi in 2011 and 2013 respectively. Last year, suspected LeT member Ehtesham Malik, was arrested in Delhi, after visiting Hazaribagh, where his mother lives. His cousin Tauseef Ahmad Pir was arrested from Hazaribagh. Sources say that terror modules operate from Hazaribagh, Giridih, Pakur, Jamtara, Ranchi and Jamshedpur. Former Jharkhand Director General of Police R.R. Prasad says it will be improper to term the region as a "terror hub". "We are living in a complex world. Of course, some terrorists have been arrested from this part but that does not mean that it is a terror centre. It's like any other place in the country where terrorists take shelter," he said. The retired top cop, however, said "routine policing" needs to be strengthened — whether it is for handling regular law and order or deal with Naxalism or terrorism. "All this talk of ATS is a fancy idea. The best intelligence input comes from the local daroga (officer in-charge of the police station)," he maintained. On the response to the Patna serial blasts, Prasad said that Bihar and Jharkhand police displayed "excellent coordination", which led to the arrest of the accused within 48 hours.
News Credits The Sunday Gaurdian,2 Nov 2013